>> good morning and welcome to a special meeting of the city operations and neighborhood services committee. my name is sean elsbernd and today we have scott wiener who is appointed to the committee today and joined shortly by carmen chu. our clerk is mr. evans. i would ask anybody who has a cell phone put it on silent. as you know we have a lot of people here today. we have an over flow room in 250 that has the two big tvs so you observe. i ask after you comment in public comment you move into the board chambers so

the other people can file in. you will be able to see everything and would be a smooth transition for everybody. with that mr. clerk will you call item one. >> item one is amending the codes and prohibiting nudity as public streets, sidewalks, parklets, and plazas and on public transit vehicles, stations, platform and stops, except as part of permitted parades, fairs, and festivals. >> thank you mr. clerk. item one is supervisor wiener's option. >> thank you for coming out today. i think it shows there is a lot of passion on all sides of this issue. mr. chairman we have before us legislation restricting public nudity in parts of san francisco. this legislation which is much more narrow than the broad nudity

ban in the park code for decades acknowledges public nudity is part in san francisco and appropriate in some circumstances. the legislation also acknowledges it's not always appropriate and in the neighborhoods and commercial districts where we have to live and work and live our lives together public nudity can at times can too far. for years public nudity has been part of san francisco and beaches and parades and some of our bars and the occasional sporadic naked person wondering the streets. it wasn't a big deal and few people caressed. in the last few years it's changed. public nudity is no longer random and sporadic, or occasional part of san francisco and in the castro

it's seven days a week. everyday where people live, play and conduct their lives. to be very clear despite some of the press coverage this is not about cock rings but that maybe the extreme example but it's not the heart of the issue and seven days a week and almost always men stand at out displaying their gentles of anyone walking or driving by. the situation in the castro which has been extreme developed around the time i took office. there were immediate calls on me to ban it. i resisted those calls for almost two years and took significant heat from some quarters for that delay because it's not what i wanted to do. i didn't want to do legislation restricting public nudity, because although i have disagreements with the proponents of legislation i

understand and respect their view. i hoped and assumed and believed as others this would run its course and we will return to the way it was in san francisco and public nudity being random and occasional thing on our streets, but the situation hasn't ran its course and worked itself out and now it's more consistent and over the top. people people in this neighborhood are over it as others and believe it's now time to take action and now i agree. this legislation is much more narrow in terms of the park code and other codes. it's narrower with the body parts included. in contrast to the parks and the port code there is no requirement than an offense ever charged as a misdemeanor. it can be infraction indefinitely.

that is not the case in the port and the parks code. the legislation contains broad and blanket exemptions for festivals and street fairs and parades unlike the park code and today because civic center is a park it is illegal to be nude in civic center plaza even during pride. the code doesn't contain any exemption for that. my legislation does. in addition this legislation has no application to beaches or to private property. the castro and san francisco in general is a place of freedom, expression and acceptance, but those things do not mean that anything goes under any circumstance. freedom, expreagz and acceptance don't mean we don't have any standards of behavior whatsoever. this means people can't do whatever pops into their head no matter the impact on other s and the neighborhood.

as a result i introduced this legislation to have a narrower ban on the streets and parks and park lets and this is for everyone and have minimum standards of behavior so everyone can enjoy the area. we live in a densely packed city and have to live together. we always had codes and this recognizes that. this legislation and generally before the legislation was introduced has generated significant discussion in debate in the castro, in lgbt and community and the city as a whole. there are strong views on all sides. i think there is more than two sides and i respect all of those views but i believe the legislation has strong support in the community, and i'm not just talking about support from

the newspapers like the bay area reporter or the san francisco chronicle or community leaders or groups that support this and including the castro neighborhood valley association, the triangle association, the castro benefit district and i am talking about everyone that works and play in this neighborhood. some say this is because of straight people invading the castro, or more children raised in the castrooir vocal business owners. that is not the case. in fact few merchants have been vocal about this matter. i say this as a gay man who was drawn to the cat castro and i found some of the rhetoric around this issue to be offensive in its

demonization of straight people and gay and straight people who have children. it's not fool yourself. straight people have always lived in the area. many have never left. many moved in ten, 20, 30 years ago that those who are gay did. and children have been here and maybe not as many but quite a few. in fact there are schools within a few blocks of castro and market. i say these things not to do this but it's a very adult neighborhood in many ways and i will fight as anyone for us to continue to embrace our lgbt status and i have done that for years, but the castro is for everyone and we need to stop demonize those that made this neighborhood home and are like me gay men without children.

this legislation doesn't result from straight people or people can kids or people complaining about public nudity. the concern has been gay men. i have heard from more far childless gay men in support of this legislation than straight people, from merchants or in the valley or people with kids, and i am not adjust talking about newbies. i'm talking about gay men who have lived in the area for years. there is clearly a difference of opinion among gay men. i want to make one more point. specific are there laws on the books that cover this situation? there aren't and which is why berkeley and san jose and other cities have their nudity restrictions above and beyond the penal code. if there were laws in place i wouldn't have addressed this legislation and subjected myself to some,

shall we say interesting commentary among some of the opponents. and i include frankly the argument that i truly disagree with, and has been repeated over and over in some quarters, that saying that you have to cover your genitalos a public street or sidewalk is no different than requiring women to wear burkas or banning gay men or drag queenos the street. i disagree with that comparison and i think most people do. public nudity is currently legal in san francisco except for the parks and ports and restaurants and the suggestion that we should use the lewd behavior laws and the indecent exposure laws is problematic and ineffectual. it's unclear that cock rings and other behaviors that we see would qualify as lewd. i think

it's border line as best and it's a terrible position for police officers to enforce the following. is his penis slightly erect or not at all? i don't think any police officer is ever going to make that determination and i don't think we want them to. is that adornment lewd or not? did he shake his genitals to make it lewd or was it accidental? no police officer is going to make that determination. in addition if we start encouraging to treat border line lewd behavior as indecent exposure that is a automatic misdemeanor conviction if convicted and lifetime sex registry. i don't think we should do that. this legislation would not lead to sex offender registration and unlike the parks code it can be charged as

an infraction indefinitely. now the police and the da will have an option to charge that. mr. chairman, as i stated at the beginning i gave this issue time to work itself out. it didn't and the time has come to act. this is a narrow and reasonable piece of legislation and i ask for your support. >> now, i do see that sfpd is here. i don't know if they were planning to present as amendments to the police code and the captain from mission statement and before that i have a stack of public comments cards here. if you are intending to speak during public comment and haven't filled out -- this is blue, but there are yellow cards out there please fill out a card. captain. >> good morning. i am captain

moazer and the captain of mission police station. mission police station enl enpasm asses the castro district and public nudity is a daily occurrence and has been for some time. i can tell you with the daily occurrence of public nudity come the daily complaints. we receive those complaints in a variety of formats, calls for dispatch, call in person and primarily what we get with the beat and patrol offs in the area and why can't you do anything. we have to explain to them that california state law is really narrow and doesn't a law us to take objection solely on public nudity, so certainly it puts the police department in

a position where we're unable to take action regarding those complaints, and it certainly puts those officers in a position where they have to field complaints they're not able to act upon, and so from the police officer's perspective we support the legislation. >> thank you captain. colleagues any questions? great. >> so with that mr. chairman if there are no comments my colleagues and may we open it up to public comment? so i'm going to call off names and public comment will be two minutes. please speak directly into the microphone so that people in the chamber and people at home can hear you. when you have third seconds left you will hear a soft bell as a warning and when the two minutes are up you will hear a louder bell and you should finish up the sentence you're speaking, so with that i will call off a number of

names. (calling speaker names" and i apologize in advance if i mess up everyone's name. my name gets messed up all the time. (calling speaker names). and you don't have to go in the exact order it's just that group is called. >> and again before public comment starts after you have spoken we appreciate if you give up your seat in the room and follow the hearing in the board chambers so people outside can have their chance to speak. thank you. >> good morning supervisors. i am pat torah and here to

represent the triangle neighborhood association. we have heard from a number of our members about this situation that has evolved. originally it seemed like it was a novel attraction in the neighborhood, and has now become a nuisance in the neighborhood. there are as supervisor wiener mentioned there are three schools in the neighborhood. sometimes those schools take the children to the muni station is right there. this has caused a lot of problems for the schools as well as i have witnessed myself the nude men walking in front and lingering around the library. this is unexcusable and the neighbors demand that something is being done, so the neighborhood association fully supports the legislation, and looks to see its enforcement.

thank you. >> next speaker. >> my name is daniel gonzalez. i am seven years old and we go to new nude hot springs and festivals and naked people don't bother me and they seem like nice people. >> hello i am iian gonzalez. i go to hot springs and events. naked people do not bother me at all. they're like a dressed person. there is no difference. there is only one difference. a dressed person is warmer. i believe nudity should be legal all around the world. >> hi. i am annie gonzalez. i go to clothing optional places

like hot springs and festivals. naked people do not bother me, and if god wanted us to go everywhere wearing clothes he should have made it that we were born with clothes on. and i think that nudity should be legal all around the world. and if it's a hot day, it should be okay to take off your clothes >> before the next speaker if i could ask everyone to go by the rules. we don't applaud or cheers and i would appreciate that. >> yes i'm a san francisco resident and voter. i am george davis. let me tell you a little story from the pages of

history. we all know the story when the nazis came to power and made homo sexuals and others put pink triangles on their clothes and in germany 4 million out of 85 million germans were members of nudist organizations and clubs. in 1933 after the nazis seized was a decree issued ordering all gas stopo forces to destroy the nude culture and they did. in san francisco we have a nudist movement. at best you could say we are regular people promoting body acceptance and we are a harmless group of eccentrics. a small mawpive

group is controlling supervisor wiener. mr. wiener has made this bargain. if there has to be a nudity ordinance let the people of san francisco decide if they lose the freedoms in a open initiative process and whether they're for tolerance and body freedom or else kill this legislation now. this is san francisco. people all around the world consider us a beacon for acceptance and tolerance and center for free thought. this is america, land of the free. this kind of legislation can't happen here, can it? thank you. >> next speaker. >> hi i am she'lly tenny. i am a lifetime resident of the castro and i intend to raise my

kids here and it's about the neighborhood and i agree with the supervisor and the captain the situation has gotten completely out of control. i want to walk down the street and buy a carton of milk without seeing someone's penis. thank you. >> next speaker. >> desmond perrado resident of castro. what marry an singleton moved she explained herself. "i can't handle this michael. i want to live somewhere and not apologize for serving instant coffee. what i like about cleveland is they're into everything and boring in other words and people live and move here for many reasons and forward thinking and our forward way of thinking and we fight

for what is right and celebrate the victors and have a city standing with us. recent i notice a change and ban nudists to live the life they want. this is one more step to becoming cleveland and normalize our city. at what boft? think about the children. the castro is an adult neighborhood and we do outreach for hiv and std's and have porn bars and bars and in the neighborhood. why would -- all in the name of protecting our children rather than teaching them that the human body and sexuality is not to be ashamed of. this lets them determine what to enforce the law rather than the complaints

and many don't file a report. my money however will not go to a business that are oppose the politicians and my vote won't go to politicians that do this. this is truly what is happening. sf businesses and politicians please don't parent me and i have two amazing parents and pretty big shoes you won't be able to fill. thank you. >> thank you. next speaker. >> my name is russell mills and i live in the castro area for 30 years. the proposed nudity ban is unnecessary and reckless. it's unnecessary because it impacts the whole city in order to solve a minor problem at one corner in the castro. it's wreck else because the publicity can damage san francisco's tourist business. this city has three events that is famous for

clothing optional. together these three events draw about one and a half million attendees each year. many are visitors from out of town and stay at san francisco hotels and restaurants and go sightseeing and buy things here. these events are very important to san francisco's businesses and it would be foolish to jeopardize them and that's exactly what this nudity ban will do. if it passes the news will have a field day with it and san francisco ban nudity. nudists don't longer welcome in san francisco. we know it makes money from these events but do you think the news media would accurately inform the readers about the exemptions or understand the nuisances of the law? perhaps 1% of the potential visitors decide to

stay home because they believe these colorful events will be less colorful. that is a loss of thousands of visitors per year and the dollars they would have spent here. how will the supervisors respond when the owners of the restaurants and hotels accuse you of losing them millions of dollars to solve a problem in one corner of the castro. common sense says you should reject this and find a better solution. >> thank you. next speaker. >> good morning supervisors. i am andrea and i am the executive director for the castro upper market community benefit district and we are responsible for maintaining the safety of -- the sidewalks and streets in

the castro of the market area and in particular for the jane warner plaza we are charged with managing the plaza, keeping it clean. we have events there, that kind of thing, and as the people that are taking care of this are getting tons of complaints from people calling emailing stopping on the street and complaining about the niewd niewd and as a result the board of directors is supporting supervisor wiener's legislation, and i would like to say -- i think it's really important to understand that this street corner as people have said is really the heart of the castro business district, and a very, very transit rich area in the area of san francisco. people come and go. people take the bus and get off and transfer to another bus. they get off the muni, from the under ground.

all people from walks of life, all experiences, all ethnicities, all ages walk through this very busy intersection. i personally have observed older asian -- one time it was horrible. two asian women. they must have been in the late 70's and walking down market street and appalled -- i felt they almost faintd and forced able to see people who are spread eagle because it's not someone sitting behind a table quietly reading the newspaper but spread eagle prancing around completely naked. men with their penises wagging around and people who have been sexually assaulted this have to see it without a warning. it's not a beach. >> thank you. next speaker. >> good morning. my name is daniel and a small business

owner and resident of castro street and with the merchants of upper castro. thursday november 1 the membership voted in favor of this legislation. previously we surveyed 20 businesses, closest to the jane warner plaza. these are small independent businesses. many are gay owned. many employ gay people. 85% of those businesses told us that the naked guys are negatively affecting their business and costing them financially. their customers are telling them that they're not comfortable and shopping in the neighborhood. thank you. >> thank you. next speaker. >> hello i am woody miller and i of a san francisco resident for 30 years and a resident of the

castro for 25 years. and i have heard a lot here today about people complaining about the nudists and people have complained about many things. in history they complained about gay people on the streets and doesn't mean they should be banned and i want to say there is nothing wrong with the human body and i have heard about body parts and peen iseses and you have to look at the body in its totality and the idea that it's obscene or indecent is learned behavior which i makes it a form of big tree and we don't hurt anyone and we want the freedom to dress or not dress the way we chose when the weather is nice and i urge you to reject this